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Experienced on Both Sides of Courtroom
We believe that seeing both sides of cases helps us achieve better results for our clients.
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A Track Record of Excellent Results
Excellent results in high-stake cases: We have recovered over $5 million in verdicts & settlements since 2019.
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Speak Directly With an Attorney Today
You will talk directly to Ben or Bryan when you call us or have questions.
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We Know Insurance
Company Tactics
For decades we have been hired by insurers, so we know what factors help injured parties achieve the best recovery.
PortlandWrongful Death Attorney
Losing a loved one due to someone else’s negligence or deliberate actions is a devastating experience. Beyond the profound emotional grief, families often find themselves facing sudden financial strain, confusing legal processes, and aggressive insurance adjusters. At Dawson Law Group, we understand that no legal action can replace the person you lost. However, pursuing a wrongful death claim can provide the financial security your family needs to move forward and hold the responsible parties accountable under Oregon law.
If you need compassionate, local representation, working with a dedicated Portland wrongful death attorney at our firm ensures your family’s rights are protected at every step. We navigate the legal complexities so you can focus on healing.
Understanding Oregon Wrongful Death Claims
Under Oregon Revised Statute (ORS) 30.020, a wrongful death occurs when a person’s death is caused by the wrongful act or omission of another party. If the deceased individual would have been entitled to file a personal injury claim had they survived, their estate retains the right to bring a wrongful death lawsuit.
These cases arise from a wide range of tragic circumstances across the Portland metropolitan area and Multnomah County, including:
- Motor Vehicle Collisions: Car crashes on I-5 or I-84, commercial truck accidents, and motorcycle collisions.
- Pedestrian and Bicycle Accidents: Vulnerable road users struck at dangerous intersections along Powell Boulevard, SE Division Street, or MLK Jr. Boulevard.
- Medical Malpractice: Surgical errors, misdiagnoses, or medication mistakes occurring at local health systems and hospitals.
- Premises Liability: Dangerous property conditions, inadequate security, or fatal slip and fall accidents.
- Workplace and Industrial Fatalities: Construction site accidents or unsafe equipment operations.
When you consult with a Portland wrongful death attorney at Dawson Law Group, we immediately begin evaluating the legal grounds of your case to determine liability and identify all potential avenues for financial recovery.
Who Can File a Wrongful Death Lawsuit in Oregon?
One of the most common questions families ask us is who actually holds the legal authority to file a wrongful death lawsuit in Oregon. Unlike some states where individual family members file separate claims, Oregon law requires a single, centralized action.
The Personal Representative
Under ORS 30.020, the claim must be filed by the Personal Representative (often referred to as the executor) of the deceased person’s estate. If your loved one left a valid will, that document usually names the personal representative. If there is no will, or if the named person cannot serve, the local probate court will appoint a qualified family member or administrator.
Beneficiaries of the Claim
Although the personal representative formally files the suit, they do so on behalf of specific surviving family members. In Oregon, eligible beneficiaries include:
- The surviving spouse or domestic partner.
- Surviving children and stepchildren.
- Parents and grandparents.
- Other individuals who would be entitled to inherit under Oregon’s intestate succession laws.
Our team works closely with the personal representative to ensure the estate is properly opened in probate court and that every eligible beneficiary’s interests are fully represented during settlement negotiations or at trial.
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Settlement received by Dawson Law Group
“The state will pay … the largest settlement in Department of Corrections history … The settlement amount is unprecedented.”
The Oregonian, October 14, 2020
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Results in the Last Few Years:
$3 mil
Wrongful Death - Incarcerated
Settlement in the death of a prisoner.
$2.5 mil
Personal Injury
Recovered amount for a client injured in an industrial accident.
$2.3m
Truck Accident
Trucking Accident Settlement
$1.46m
Car Accident
Settlement achieved on behalf of a client in a 2022 auto accident claim.
$1.3m
Personal Injury
Auto accident vs. drunk driver, the bar served a visibly intoxicated patron.
$900k
Car Accident
UM Auto Accident settlement.
$625k
Personal Injury
Recovered for a client injured in an auto accident.
Meet Our Attorneys Bryan Dawson & Ben Larson
Bryan Dawson - Principal Attorney
Bryan Dawson serves as the driving force behind Dawson Law Group, offering decades of legal expertise and a steady hand in high-pressure situations. His deep understanding of personal injury and civil litigation has helped countless individuals and families receive justice, while his integrity and leadership have earned the respect of clients, peers, and courts across Oregon.
- Core Expertise: Leads complex litigation and high-value personal injury cases involving car accidents, construction liability, employment claims, and civil rights disputes, with a reputation for precision and fairness.
- Extensive Trial Record: Tried over 100 cases and argued before the Ninth Circuit Court of Appeals. After joining his father's firm, Bryan expanded the practice significantly and has been the cornerstone of Dawson Law Group since 1999.
- Professional Achievements: Dawson has been recognized as a Super Lawyer (2018–2025), earned an AV Preeminent Rating from Martindale-Hubbell, and holds a 10/10 Avvo Rating. He was also honored with the 2018 Marquis Who’s Who Lifetime Achievement Award and often serves the courts as an arbitrator and CLE instructor.
- Commitment to the Community: Beyond the courtroom, Dawson invests in the future of the legal profession by mentoring young attorneys, teaching continuing legal education (CLE) courses, and coaching high school mock trial teams—reflecting his dedication to justice and service in Oregon.
- Education & Credentials: Holds a J.D. from UC Berkeley (Boalt Hall), an M.A. from the University of Chicago, and a B.A. from Claremont McKenna. He is licensed in Oregon and admitted to multiple federal courts.
- Community & Personal Life: Deeply committed to Lake Oswego’s local community, Bryan enjoys coaching, cycling, and spending quality time with his wife and children when away from the courtroom.
Ben Larson
Ben Larson is known for his thoughtful approach to legal strategy and his unwavering dedication to each client’s well-being. Since joining Dawson Law Group, he has handled numerous serious injury cases with a combination of legal precision and heartfelt care, always striving to make the process less overwhelming for the individuals he serves.
- Key Expertise: Focuses on personal injury and wrongful death matters from both plaintiff and defense perspectives, excelling in complex case management and strategic negotiations.
- Strong Credentials: Earned his law degree from the University of Oregon School of Law and a B.A. in Political Science. He is licensed to practice in Oregon state and federal courts.
- Client-Centric Approach: Believes in a calm, communicative, and compassionate approach—keeping clients informed and empowered from consultation to resolution.
- Personal Pursuits: Outside the office, Ben explores the natural beauty of Oregon, from the slopes to the coast. He has a passion for international travel and brings a broad worldview to his personal and professional life.
Awards & Memberships
Frequently Asked Questions About Wrongful Death in Portland
Who can file a wrongful death lawsuit in Oregon?
Oregon law permits the personal representative of the deceased’s estate to file a wrongful death claim. Eligible beneficiaries typically include spouses, children, parents, or other dependents. Read More.
What damages can be recovered in a wrongful death case?
Families may recover damages for funeral and burial costs, medical bills, loss of future income, loss of companionship, and emotional suffering. Read More.
How long do I have to file a wrongful death claim in Oregon?
You generally have three years from the date of the injury that caused the death; not necessarily the date of death. Prompt action is vital to preserve your claim. Read More.
In Portland, what’s the difference between wrongful death and a personal injury claim?
A personal injury claim is filed by the injured party, while a wrongful death claim is filed on behalf of someone who died due to negligence. The damages and legal strategy differ significantly. Read More.
Have more questions? Contact us for a free consultation with a trusted Portland wrongful death lawyer.
How a Wrongful Death Attorney
Can Help Recover Damages
Statute of Limitations: Key Timelines in Oregon
Timing is critical in Oregon wrongful death actions. Failing to meet statutory deadlines can permanently bar your family from recovering compensation.
The General Three-Year Rule
Under Oregon law, a wrongful death action generally must be filed within three years from the date of the injury causing the death. This clock often starts on the date of the initial accident, not necessarily when your loved one passed away.
Exceptions and Shorter Deadlines
Certain situations significantly shorten your timeline to act:
- Government Entities: If the death involved a government agency or employee (such as a TriMet bus or city vehicle), you must serve an Oregon Tort Claims Notice within 180 days.
- Liquor Liability: If an over-served driver caused the crash, written notice must be provided to the venue within 180 days under Oregon dram shop laws.
Contacting a Portland wrongful death attorney early ensures these vital notices are served on time.
Damages Available in Oregon Wrongful Death Actions
Oregon law permits surviving family members and the estate to seek compensation across several key categories:
- Economic Damages: Final medical, hospital, and emergency expenses; reasonable funeral, burial, or cremation costs; and lost future income, benefits, and household services.
- Non-Economic Damages: Compensation for the decedent’s pain and suffering prior to passing, as well as the loss of society, companionship, and guidance for surviving relatives.
- Punitive Damages: Awarded in rare cases involving egregious negligence or intentional malice.
Note on Non-Economic Damage Caps: Oregon limits on non-economic damages have faced extensive appellate review. We evaluate current precedents to maximize your family’s recovery.
What to Expect During the Oregon Probate & Wrongful Death Process
In Oregon, a wrongful death claim runs parallel to court probate. We guide you through each phase:
Phase 1: Opening the Estate – We petition the local probate court (such as Multnomah, Clackamas, or Washington County) to appoint a Personal Representative and issue legal letters of administration.
Phase 2: Investigation and Evidence Preservation – We immediately secure crash data, inspect scenes, interview witnesses, and consult reconstruction experts to prove fault.
Phase 3: Demand and Negotiations – After compiling medical records and financial evidence, we submit a comprehensive demand package and handle all discussions with insurance adjusters.
Phase 4: Mandatory Judicial Approval – Oregon law requires that any wrongful death settlement be approved by a circuit court judge to ensure fair distribution among legal beneficiaries.
Phase 5: Distribution of Proceeds – Once approved and any valid liens are resolved, funds are distributed to designated beneficiaries according to court order.
Checklist of Documents for Your Initial Consultation
To help us evaluate your claim quickly, gather any of the following items you can safely access:
- Official Reports: Police crash reports, state reconstruction files, or workplace incident records.
- Medical Records: Emergency transport notes, hospital bills, and treatment records.
- Death Certificate: A certified copy showing the cause and manner of death.
- Financial Records: Recent tax returns, W-2s, or pay stubs.
- Insurance Policies: Auto, home, or umbrella policy information for involved parties.
- Estate Records: The decedent’s Last Will and Testament, if available.
If you cannot gather all of these items right now, our staff can obtain police records, medical bills, and court filings on your behalf.
How Oregon Comparative Fault Impacts Claims
Insurers often try to lower payouts by alleging the deceased contributed to the accident under Oregon’s modified comparative fault standard (ORS 31.600).
If your loved one is found partially at fault, damages are reduced by that percentage (e.g., a $1,000,000 award reduced by 20% fault yields $800,000). Under Oregon’s 51% bar rule, if the deceased is found 51% or more at fault, the estate cannot recover damages. Protecting your loved one’s legacy against unfair allegations of fault is a central focus when we serve as your Portland wrongful death attorney.
Why Choose Dawson Law Group?
Dawson Law Group offers local experience and focused personal attention:
- Deep Portland Roots: We regularly handle cases across Multnomah, Clackamas, and Washington counties.
- Direct Attorney Access: You work directly with your legal team throughout your case.
- No Upfront Costs: We work on contingency; you pay no legal fees unless we recover compensation for you.
- Comprehensive Handling: We manage both the wrongful death action and required probate steps together.
Talk to an Experienced Portland Wrongful Death Attorney Today
If you lost a family member due to another party’s negligence, you do not have to navigate the legal process alone. Contact Dawson Law Group today to schedule a confidential, free consultation with a Portland wrongful death attorney. We are here to answer your questions and protect your family’s future.
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